A legal misstep by family, with regards to the future care of a special needs individual, can have disastrous consequences. With the legal jargon of existing laws and a slew of new bills and riders always on the table in the house or senate, navigating through the confusion should not be undertaken without the guidance and services of a qualified special needs attorney. To do so would be setting up a loved one for a life strewn with substandard medical care.
The usual benefits available and bestowed upon special needs individuals by the U.S. government are better than nothing. However, these benefits such as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) can be forfeited if the special needs individual inherits just a couple thousand dollars or earns a certain small dollar amount from even part-time work. One major challenge is that the requirements to satisfy the governmental limits can change and often do every year.
Two of the several changes or potential changes pertaining to the benefits a special needs or disabled individual may receive have been: in February of 2009 a bill was introduced to congress which was designed to aid the financial needs of disabled or special needs individual. Much like a 529 account which allows a parent to save for a child's future education, this bill would have allowed parents to save money in an account for a special needs or disabled child or adult without jeopardizing government benefits. A second change has been that the Social Security Administration has published a new POMS, or the staff operating manual.
Even though attorneys understandably charge fees, many of the fees which special needs attorneys charge are exceptionally lower than the standard 33% a personal injury lawyer may require. One reason for this is that many of these lawyers specializing in special needs and disability cases often have family members with special needs or a disability. With such a personal involvement and familiarity, some attorneys may offer services at rock bottom fair prices only because it is what is just and fair.
The great advantage of selecting an attorney who does have a special needs family member is that the lawyer is more likely to be intimately familiar with the ins and outs of the specific needs of the disabled or special needs individual pertaining to living wills, estate planning and the future medical and financial matters. A family may run the risk of having an attorney inexperienced with these situations if the lawyer is not personally involved with the laws and needs of the disabled.
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